Momand v WA

[2024] WASCA 14

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifestly excessive sentence
4. › Wilful and unlawful damage
5. › Whether sentence of 6 months' imprisonment manifestly excessive
6. › Criminal Code (WA), s 444
1. Criminal Law
2. › Jurisdiction
3. › Indictable offences
4. › Whether offence triable summarily may also be dealt with on indictment
5. › Criminal Code (WA), s 5, s 444
1. Criminal Law
2. › Sentencing
3. › Discount for guilty plea
4. › Whether discount of 10% inadequate where plea entered after protracted proceedings
5. › Sentencing Act 1995 (WA), s 9AA

Quick Take

This case provides a limited sentencing comparison for non-arson criminal damage offences under s 444 of the Criminal Code (WA), confirming that 6 months' imprisonment is within range for deliberate vehicle damage causing a write-off.

Case Details

Citation[2024] WASCA 14

CourtWASCA

JurisdictionWestern Australia

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Relies on4

2019Kabambi v The State of Western AustraliaWASCA 44
2018Nedi v The State of Western AustraliaWASCA 193
2018Lawson v The State of Western Australia [No 3]WASCA 129
2011Lesay v The State of Western AustraliaWASCA 154

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